Exhibit 18.0
NOTICE OF DISQUALIFICATION OF JUDGE

_________(Begin Exhibit)_________

 

FOURTH JUDICIAL DISTRICT COURT

COUNTY OF SAN MIGUEL

STATE OF NEW MEXICO  

 

METRIS COMPANIES LLP (Auto add

          Plaintiff in Error,

v.                                                                Case No.  2003-188-CV

 

MARGARET EDWARDS,

          Defendant in Error.         

 

NOTICE OF DISQUALIFICATION

 

          COMES NOW Margaret Edwards, Defendant in Error, and gives Notice to the Court of Disqualification of Jay G. Harris as presiding judge for this case for the following reasons:

          1.  Edwards was Foreman of the Grand Jury for San Miguel County in the spring of 2001.  During her tenure as Foreman, Edwards and other members of the Grand Jury became aware of fraud, possible crimes and questionable practices on the part of those assigned the court duties, the Office of District Attorney, attorneys within that office, and the police.  To address the serious concerns of the Grand Jury members, Edwards, as Foreman, reported the wrongdoing, in writing, and/or in person, to:  (1)  Mary  Helen Wickert, Assistant District Attorney, (2) Joe Ulibarri, Chief Deputy District Attorney, (3) Judges of the Fourth Judicial District, including Jay Harris, (4) Matt Sandoval, District Attorney, (5) Patricia Madrid, Attorney General, (6) Gary Johnson, Governor.

          2.  All the public officers listed above were lawfully notified and had a responsibility, pursuant to their oaths, and to their responsibility to faithfully discharge their duties, to respond to notification from the Foreman of the Grand Jury.  Yet, in defiance of their duties, none of those notified responded to the subject matter of the letters nor took any direct, viable action to stop, correct or report the wrongdoing, in dereliction of their duties, and in creation of possible state liability to those persons indicted, prosecuted and imprisoned under such conditions, who were wronged by the frauds.

    3.  The only “response” Edwards, as Foreman, received to her letters of notification was the cancellation of all remaining Grand Jury sessions which should have been held while Edwards was Foreman, even though the Grand Jurors had been previously apprised by various Assistant District Attorneys of the heavy case load to be heard during their time of service.  Harris, having been notified of wrongdoing, and being presumably aware of the need for ongoing Grand Jury sessions, could have initiated correction of the wrongdoing and intervened to continue the remaining Grand Jury sessions.  He did not.

    4.  Because Harris failed to respond to Edwards’ notification and took no action to correct the anomalies or to continue the Grand Jury sessions, he perjured his oath and violated the Public Trust.  By his own actions, Harris has demonstrated that he is untrustworthy and is unlikely to faithfully perform his duties. 

    5.  In an action before Harris, captioned Cochrum v. Rhymes, Case No. 2002-109-CV, Harris perjured his oath, violated the Public Trust, violated the Rights of an American Citizen, impaired the obligations of contract, denied due process of law and denied the power of both the National and State Constitutions.  Harris’ unlawful actions were observed by approximately 25 witnesses, including Edwards, and he was also heard to say, in reference to the witnesses, “There goes a pack of fools.”  (See In Re Charge to Grand Jury, 62 F 828.)

    6.  Further, in an action before Harris, captioned State of New Mexico v. Karan Plagge, Case No. 2002-10-LR, Harris, again, perjured his oath, violated the Public Trust, violated the Rights of an American Citizen and denied the power of both Constitutions.  Id.

    7.  Still further, it is likely that Harris does not have a valid surety bond, for assurance of the faithful performance of his duties, as required, pursuant to New Mexico Statutes and is, thus, acting without lawful authority.

          Wherefore, Edwards respectfully gives Notice of Disqualification to this court for the aforesaid reasons.

                                                Respectfully submitted,

                                                All Rights Reserved

 

                                                ________________________________

                                                Margaret D. Edwards, American Citizen

                                                C/o 739 Dalbey Drive

                                                Las Vegas, New Mexico [87701]

                                                Phone/Fax:  (505) 425-0659

 

                            

                          CERTIFICATE OF SERVICE                                         

          I certify that on this____ day of January, 2004, a true and exact copy of the aforesaid Notice of Disqualification was sent, first class, postage prepaid, by U.S. Mail to Catherine Sanchez, Esquire, Post Office Box 37290, Albuquerque, New Mexico 87176-7290.

All Rights Reserved

_____________________________

Margaret D. Edwards, American Citizen